This chapter shall be known and cited as the "Lower Gwynedd
Township Stormwater Management Ordinance."
The Township Board of Supervisors finds that:
(a)
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces groundwater recharge, and threatens
public health and safety.
(b)
Inadequate planning and management of stormwater runoff resulting
from land development throughout a watershed can also harm surface
water resources by changing the natural hydrologic patterns, accelerating
stream flows (which increase scour and erosion of streambeds and stream
banks, thereby increasing sedimentation), destroying aquatic habitat,
and increasing aquatic pollutant concentrations and loadings such
as sediments, nutrients, heavy metals, and pathogens.
(c)
A comprehensive program of stormwater management (SWM), including
minimization of impacts of development, redevelopment, and activities
causing accelerated erosion and loss of natural infiltration, is fundamental
to the public health, safety, welfare, and the protection of the people
of the Township and all of the people of the commonwealth, their resources,
and the environment.
(d)
Stormwater is an important resource by providing groundwater
recharge for water supplies and baseflow of streams, which also helps
to protect and maintain surface water quality.
(e)
Impacts from stormwater runoff can be minimized by using project
designs that maintain the natural hydrologic regime and sustain high
water quality, groundwater recharge, stream baseflow, and aquatic
ecosystems.
(f)
Federal and state regulations require certain municipalities
to implement a program of stormwater controls. These municipalities
are required to obtain a permit for stormwater discharges from their
separate storm sewer systems under the National Pollutant Discharge
Elimination System (NPDES).
(g)
Nonstormwater discharges to municipal separate storm sewer system
(MS4) may contribute to pollution of waters of the commonwealth by
the Township of Lower Gwynedd.
(h)
The use of green infrastructure and low impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to (1) infiltrate and recharge, (2) evapotranspiration and/or (3)
harvest and use precipitation near where it falls to earth. Green
infrastructure practices and LID contribute to the restoration or
maintenance of predevelopment hydrology.
The purpose of this chapter is to promote the public health, safety, and welfare within the Township by maintaining the natural hydrologic regime and by minimizing the harms and maximizing the benefits described in §
1241.102 of this chapter, through provisions designed to:
(a)
Meet legal water quality requirements under state law, including
regulations of 25 Pa. Code Chapter 93, to protect, maintain, reclaim,
and restore the existing and designated uses of the waters of the
commonwealth.
(b)
Preserve the natural drainage systems as much as possible.
(c)
Manage stormwater impacts close to the runoff source, requiring
a minimum of structures and relying on natural processes.
(d)
Provide review procedures and performance standards for stormwater
planning and management.
(e)
Focus on infiltration of stormwater to maintain groundwater
recharge to prevent degradation of surface and groundwater quality
and to otherwise protect water resources.
(f)
Prevent scour and erosion of stream banks and streambeds.
(g)
Provide for proper operation and maintenance of all stormwater
management facilities and best management practices (BMPs) that are
implemented within the Township.
(h)
Provide standards to meet National Pollutant Discharge Elimination
System (NPDES) permit requirements.
(i)
Meet legal water quality requirements under state law, including
regulations at 25 Pennsylvania Code Chapter 93.4(a) requiring protection
and maintenance of "existing uses" and maintenance of the level of
water quality to support those uses in all streams, and the protection
and maintenance of water quality in "special protection" streams.
(j)
Address the quality and quantity of stormwater discharges.
(k)
Implement an illegal discharge detection and elimination program
that addresses non-stormwater discharges into the Township's separate
storm sewer system (MS4).
(l)
Preserve and restore the flood-carrying capacity of streams.
(m)
Minimize impervious surfaces.
(n)
Address certain requirements of the Municipal Stormwater Sewer
System (MS4) NPDES Phase II Stormwater Regulations.
(o)
Implement the requirements of the Wissahickon Creek Watershed
Act 167 stormwater management plan and the Neshaminy Creek Act 167
stormwater management plan.
The Township is empowered to regulate land use activities that
may affect runoff, surface and groundwater quality and quantity by
the authority of:
(a)
Pennsylvania Municipalities Planning Code, Act 247, as amended.
(b)
The Pennsylvania Stormwater Management Act, Act 167 of October
4, 1978 (PL. 864), as amended.
All regulated activities and all activities that may affect
stormwater runoff, including land development and earth disturbance
activities, are subject to regulation by this chapter. Regulated activities
include, but are not limited to:
(c)
Prohibited or polluted discharges;
(d)
Alteration of the natural hydrologic regime;
(e)
Construction or reconstruction (refer to §
1241.202) of or addition of new impervious or semipervious surfaces (i.e., driveways, parking lots, roads, etc.), except for reconstruction of roads where there is no increase in impervious surface;
(f)
Construction of new buildings or additions to existing buildings;
(h)
Diversion piping or encroachments in any natural or man-made
channel; and
(i)
Nonstructural and structural stormwater management best management
practices (BMPs) or appurtenances thereto;
(j)
Any of the above-regulated activities which were approved more
than five years prior to the effective date of this chapter and resubmitted
for municipal approval.
Any other ordinances, provisions or regulations of the Township
inconsistent with any of the provisions of this chapter are hereby
repealed to the extent of the inconsistencies only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance, including Title 25 Pa. Code, Chapters 92, 102 and 105.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land that may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner that otherwise
adequately protects health, safety, property, and water quality.
Any permit or authorization issued or approved based on false,
misleading, or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency, or employee
of the Township purporting to validate such a violation.
The appendices listed below are incorporated herein by reference as amended and shall be updated periodically as necessary
by resolution of the Board:
(a)
Appendix A, Stormwater Management Design Criteria.
(c)
Appendix C, West Nile Virus Guidance.